Self-Sponsorship
What is the Self Sponsorship Route?
They can set up a new company according to their business activities or to take over a company already operating in the UK in the same field. Moreover, it is then possible to apply for a Sponsor Licence for that company, furthermore, apply for residency as a skilled worker depending upon that company which they are operating for.
Can Company Shareholders Work in the Company?
If the company founder or shareholders are not already having a resident permit in the UK, they cannot be employed as employees. They can only be shareholders/partners of the company.
The company must employ employees who are already resident in the UK and have a work permit in the UK.
Sponsor Licence Requirements for UK Companies
It is not possible for a company established or acquired in the UK to obtain a direct sponsor licence. There are some conditions that must be fulfilled for sponsor licence. The sponsor licence gives companies the right to find and employ employees from overseas.
Essential Requirements
Justification for Overseas Workers
The company must demonstrate why they need that person(s) to come to the UK to work with the company. Moreover, the employee in question must be essential to the continuity of the business and must be one of the skilled workers which is identified by the government.
Salary Thresholds
The UK Home Office has determined the minimum annual salary thresholds depending on the professional position of the person being brought in. Annual salaries vary depending on the professional position. Although there is no upper limit, there is a lower limit of £41,700.
Financial Capacity
The company must have sufficient income to pay the salaries of the people it will bring in from abroad as well as the expenses it will incur as a result of its commercial activities.
Level 1 User Requirement
Even these conditions are presence, another necessary condition is that the company must also employ another person who is a permanent resident or a citizen. This person is going to be the person who will be responsible for using the Sponsorship Management System (SMS). Where the person is referred to as a Level 1 User.
Level 1 User Requirements
An employee, business partner or company manager within the company can be a Level 1 user. Moreover, there may be additional Level 1 Users employed by third party organisations who provides HR services.
However, it should be noted that, in order to assign additional Level 1 users, at least one of the employee, partner or managers in the company must be a Level 1 user. It is important to mention that there are some situations that may prevent you from being a Level 1 user.
Eligibility Restrictions
A person is not eligible to be a Level 1 user if they:
- Have an outstanding criminal conviction for an offence listed in the published sponsor guidance
- Have been fined by the UK Visa and Immigration authorities within the last 12 months
- Have been reported to the UK Visa and Immigration authorities
- Have breach the UK law
- Have worked as a 'key person' for a sponsor whose licence has been revoked within the last 12 months
- Have failed to pay VAT or other excise duties
Additional Requirements
Individuals eligible for Level 1 user must:
- Be present in the UK for most of the period
- Not be a contractor or consultant engaged for a specific project
- Not be subject to bankruptcy, debt relief or a dept undertaking
- Not previously breached sponsor requirements
Capital Requirements
There is no regulation regarding the capital requirement for applying to the Sponsor Licence as a company. However, in addition to the company’s trading expenses, the company must be able to cover the salary amounts to be paid to the employees from overseas.
These salaries must also meet the annual salary threshold determined by the UK Home Office for the skilled worker positions. Capital amounts may vary according to the work to be carried out in the UK. It would be appropriate to determine the initial capital according to the work to be done in the business.
After Obtaining Sponsor Licence
The company that has been granted a Sponsor Licence can now bring in employees from overseas. At this stage it is necessary to apply for a Skilled Worker Visa for the person in question. The Skilled Worker Visa is based on what we call the point base. Generally, the conditions can be counted under the following headings: The position that the person will be working in the company is in the skilled worker professions category, B1 level English requirement for the person, experience requirement for the person, minimum annual salary requirement specified for the persons profession, job offer of the person and Certificate of Sponsorship.
English Language Requirements
The skilled worker visa applicant must be able to demonstrate the persons language level in the areas of reading, writing, listening and speaking. A language certificate from any course is not valid.
The person must demonstrate the language level through the exams accepted by the UK Home Office. These exams are:
- IELTS for UKVI (Academic-General Training)
- Language Cert International ESOL SELT B1
- PTE Academic UKVI
- Integrated Skills in English ISEI
Skilled Worker Visa Duration and Family Applications
The person applying for a skilled worker visa will be granted the right of residence for the duration of the company’s sponsorship. This period can be up to 1-2-3-4-5 years. Moreover, it is important to mention that, if the conditions are met, at the end of 5 years, there is a right to apply for the permanent residence in the UK and right to apply for the citizenship at the end of the sixth year. The applicant and their family can also apply for a skilled worker visa route.
Processing Times
This time will vary depending on the start of the business activities. It also depends on if the company is set up as a new company according to their business activities or if they take over a company already operating in the UK in the same field.
Sponsor Licence Processing
The average assessment process for the sponsor licence is 8 weeks and there is an acceleration service. So that, with the acceleration service (fast track service), this process could be reduced to 10 working days.
Skilled Worker Visa Processing
After getting the Sponsor Licence for the company, for a skilled worker visa application, the assessment process takes 6-8 weeks, but also there is an acceleration service for skilled worker application as well. In this case, the assessment period is reduced to 1-5 working days.
Latest Self-Sponsorship News
Contact Us
Meridien House
42 Upper Berkeley Street
W1H 5PW
London, England
+44 7739 699 968
+44 20 3988 0575
contact@lexlegal.com
